Category Archives: Law

Toll Roads webinars are illegal: ask Florida Governor to repurpose funds to pandemic relief 2020-05-28

There’s no point in attending the toll roads webinars: instead ask Florida governor DeSantis to use the toll road funds for pandemic relief.

FDOT didn’t listen to First Amendment Foundation: “All portions of the Sunshine Law continue to apply even during this horrible pandemic. No part of the Law has been suspended or modified as applied to state agencies. As a result, I respectfully request that FDOT exercise patience, cancel any and all M-CORES Task Force meetings, and reschedule the meetings only when members of the Task Force and Florida citizens can fully participate in-person and by all feasible means.

Instead, FDOT scheduled more bogus webinars this week, starting tomorrow.

[FAF to FDOT (1 of 3)]
FAF to FDOT (1 of 3)

Better: please ask Florida governor DeSantis to repurpose toll road funds to pandemic relief.

Thanks to the No Roads to Ruin (NRTR) steering committee, here is the FAF letter to FDOT (PDF).

News coverage: Continue reading

Tens of thousands commented against a strip mine near the Okefenokee Swamp

Hahira, Georgia, May 30, 2020 — From every U.S. state and beyond, tens of thousands comments poured in to the Army Corps against a permit application for a titanium strip mine far too near the unique blackwater gem of the Okefenokee Swamp. The comment period ended Thursday. You and your elected officials can still ask the U.S. Army Corps of Engineers to do the right thing and deny this permit, or at least require an Environmental Impact Statement.

[44,000 commenters against strip mine on a map]
44,000 commenters against strip mine on a map

“With its unique ecosystem and incomparable beauty,” says Suwannee Riverkeeper John S. Quarterman, “the Okefenokee Swamp is a national and international treasure, and the source of the St. Marys and Suwannee Rivers. With its opportunities for boating, birding, fishing, photography, adventure, and hunting nearby attracting 600,000 visitors a year and supporting more than 700 jobs, the Okefenokee National Wildlife Refuge (NWR) provides more economic benefit to each of Georgia and Florida than any other refuge.”

The groups supporting the Swamp and opposing the mine include twenty Waterkeepers from three states, and umbrella organizations Waterkeepers Florida and Waterkeeper Alliance.

Contact: John S. Quarterman, Suwannee Riverkeeper, contact@suwanneeriverkeeper.org, 229-242-0102.

See below for a longer press release from Georgia River Network about the several dozen organizations loosely associated to protect the Okefenokee Swamp from anything that might harm it, such as this strip mine for private profit for paint.


Tens of Thousands Voice Opposition Over Mine Proposed to be Located Next to the Okefenokee Swamp

Continue reading

Video: Save the Okefenokee; Stop the Mine!

Great video by Georgia River Network asking you to help save the Okefenokee Swamp from a proposed strip mine:

[Jobs]
Jobs

Here’s the video:


Video: Save the Okefenokee; Stop the Mine!
Video by Georgia River Network, thanks to GRN E.D. Rena Peck Stricker.

Gators need water. Continue reading

Send your comment on GA-EPD Valdosta wastewater Consent Order –Albany Herald

Update 2024-02-22: Slight update on this Consent Order in Valdosta Boone Drive and Knob Hill small sewage spills 2024-02-20.

Update 2023-11-09: GA-EPD Consent Order on Valdosta for One Mile Branch fish kill and sewage spills 2023-09-15.

In the Albany Herald, May 9, 2020, Deadline set to comment on Valdosta EPD Enforcement Order,

The Enforcement Order includes a fine, plus many requirements for management and technology.

“Well, I’m glad they are doing the enforcement order, requiring them to get the fixes in place,” said Deanna Mericle of Hamilton County, Fla., who was among the WWALS members who met with the city of Valdosta back in 2015 about these same sewage issues. “I’m not sure what the $122,000 will be used for, but the fine seems small. I just want the problem fixed for good if possible.”

The rest of the article is from the WWALS press release.

Send your comments by Wednesday, May 27, 2020, to:
   Mr. Lewis Hays
   Manager, Watershed Compliance
   Environmental Protection Division
   2 Martin Luther King Jr. Drive SE, Suite 1152 East
   Atlanta, GA 30334
   Lewis.Hays@dnr.ga.gov
   404-463-4953

This is not the kind of black water we want:

[Photo 4: Confluence of Sugar Creek and Withlacoochee River.]
Photo 4: Confluence of Sugar Creek and Withlacoochee River. By Tim Bonvechio.

The entire 93-page Order is on the WWALS website, here:
https://wwals.net/pictures/2020-04-13–ga-epd-vld-enforcement-order

“This Order has been a long time coming. It includes an outline of a sad history of mistakes and neglect. I hope the Order Continue reading

Comments open on Georgia call for Valdosta to pay six-figure fine for spilling sewage in river –Georgia Recorder

‘“I commend EPD for doing an order that’s better than I expected, better than a lot of people expected” [Suwannee Riverkeeper John S.] Quarterman said. “There’s still room for improvement.”’

You can comment on the consent order by Wednesday, May 27, 2020, to:
Mr. Lewis Hays, Manager, Watershed Compliance,
Georgia Environmental Protection Division
2 Martin Luther King Jr. Drive SE, Suite 1152 East
Atlanta, GA 30334
Lewis.Hays@dnr.ga.gov
404-463-4953

[Green at the Confluence]
Sara Jones with the Suwannee Riverkeeper prepares to test the water at the Withlacoochee River following a December sewage spill. A Georgia Environmental Protection Division consent order calls for the city of Valdosta to pay a $122,000 fine for sewage spills and permit violations. Scotti Jones

Stanley Dunlap, Georgia Recorder, 5 May 2020, State calls for Valdosta to pay six-figure fine for spilling sewage in river,

The city of Valdosta is facing a $122,000 fine for spilling raw sewage into a creek that flows into a south Georgia river that runs downstream into Florida’s Suwannee River and eventually into the Gulf of Mexico.

The proposed settlement with the state’s Environmental Protection Division is for Continue reading

Three weeks to comment on GA-EPD Valdosta wastewater Consent Order

Update 2023-11-09: GA-EPD Consent Order on Valdosta for One Mile Branch fish kill and sewage spills 2023-09-15.

Update 2020-05-10: Send your comment on GA-EPD Valdosta wastewater Consent Order –Albany Herald.

FOR IMMEDIATE RELEASE (see also PDF)

Three weeks to comment on GA-EPD Valdosta wastewater Consent Order

Hahira, GA, May 4, 2020 — May 27th is the deadline to comment on the Enforcement Order the Georgia Environmental Protection Division (GA-EPD) finally issued on Valdosta for sewage spills. For decades, Valdosta has spilled wastewater into the Withlacoochee River. People downstream, even on the Suwannee River all the way to the Gulf, worry about fishing, swimming, or even boating and some even say their wells are contaminated by fecal bacteria from these spills. Many had hoped that Valdosta’s big spills were over in 2016 with the new Withlacoochee Wastewater Treatment Plant uphill out of the flood plain, plus a Force Main with two Pump Stations. Valdosta says it has spent about $80 million on water system improvements. Yet the spills continued. The Order also reveals a massive fish kill.

[Photo 2: Dead largemouth bass in Sugar Creek below Bay Tree Road.]
Photo 2: Dead largemouth bass in Sugar Creek below Bay Tree Road.

“The December 2019 spill was the biggest yet, with no rain, and nothing actually broke. It was a massive failure of supervision,” said Suwannee Riverkeeper John S. Quarterman. “Citizens and elected and appointed officials in Georgia and a dozen counties in Florida demanded something be done.”

This Enforcement Order includes the most popular request, a fine, plus many requirements for management and technology.

“Well, I’m glad they are doing the enforcement order, requiring them to get the fixes in place,” said Deanna Mericle of Hamilton County, Florida, who was among the WWALS members who met with the City of Valdosta back in 2015 about these same sewage issues. She added, “I’m not sure what the $122,000 will be used for, but the fine seems small. I just want the problem fixed for good if possible.”

The Order addresses much (but not all) of what Suwannee Riverkeeper asked GA-EPD to do: https://wwals.net/?p=50979 For example, it requires the City to test water quality all the way down to the state line. One thing it does not include is any requirements for reimbursing downstream well and river testing expenses.

“It’s good to see that the EPD is FINALLY taking this issue seriously!” said Suzy Hall, WWALS Testing Committee Chair. “I can’t help but feel WWALS’ diligence in testing has been a big part of this action, and must continue regardless of any order for the City to conduct testing.”

The entire 93-page Order is on the WWALS website, here:
https://wwals.net/pictures/2020-04-13–ga-epd-vld-enforcement-order

“This Order has been a long time coming. It includes an outline of a sad history of mistakes and neglect. I hope the Order will finally get the City’s attention,” said Dr. Tom Potter, WWALS Science Committee Chair and taxpayer of the City of Valdosta.

Send your comments by Wednesday, May 27, 2020, to:
   Mr. Lewis Hays
   Manager, Watershed Compliance
   Environmental Protection Division
   2 Martin Luther King Jr. Drive SE, Suite 1152 East
   Atlanta, GA 30334
   Lewis.Hays@dnr.ga.gov
   404-463-4953

About WWALS: Founded in June 2012, WWALS Watershed Coalition, Inc. (WWALS) advocates for conservation and stewardship of the Withlacoochee, Willacoochee, Alapaha, Little, Santa Fe, and Suwannee River watersheds in south Georgia and north Florida through education, awareness, environmental monitoring, and citizen activities. John S. Quarterman is the Suwannee Riverkeeper®, which is a staff position and a project of WWALS as the member of Waterkeeper® Alliance for the Suwannee River Basin.

Contact: John S. Quarterman, Suwannee Riverkeeper contact@suwanneeriverkeeper.org
WWALS Watershed Coalition
850-290-2350, 229-242-0102
PO Box 88, Hahira, GA 31632

===

 -jsq, John S. Quarterman, Suwannee RIVERKEEPER®

You can join this fun and work by becoming a WWALS member today!

GA-EPD Enforcement Order for Valdosta wastewater with fine 2020-04-13

Update 2020-05-04: Press Release, Three weeks to comment on GA-EPD Valdosta wastewater Consent Order.

Much of what many people requested is in this Enforcement Order EPD-WP-8904 of the Public Notice of April 27, 2020.

[Photo 1: Site where sewage flowed out of manhole into Sugar Creek.]
Photo 1: Site where sewage flowed out of manhole into Sugar Creek.

Perhaps the most popular request, a fine, is included. As a Project In-Lieu of Penalty (PIP) stream testing is required, three times a week, down to the state line. Plus: “The Respondent shall post all the results of biological monitoring required after major spills to its website and to the Georgia EPD Adopt-A-Stream website within one business day of receipt of the results.”

All 250 sewer line creek crossings must be inspected by drone crews.

Valdosta must notify many Florida agencies, plus in Georgia Lowndes Health and Brooks EMA.

Other things are missing. WWALS is not on that notification list, for example.

[Photo 2: Dead largemouth bass in Sugar Creek below Bay Tree Road.]
Photo 2: Dead largemouth bass in Sugar Creek below Bay Tree Road.

And the Order reveals some Valdosta violations the public never knew about, such as a massive fish kill in December 2019. The cost of that calculated by GA-DNR Wildlife Division seems inadequate, since it doesn’t take into account people being unwilling to fish on the Withlacoochee River, for example.

If you think there should be more or changed requirements, the Public Comment period ends May 27, 2020.

Send comments to: Continue reading

Valdosta fined for spills in GA-EPD Enforcement Order 2020-04-27

Update 2020-05-04: Press Release, Three weeks to comment on GA-EPD Valdosta wastewater Consent Order.

Update 2020-05-03: The entire GA-EPD Enforcement Order for Valdosta wastewater with fine 2020-04-13.

GA-EPD is fining Valdosta this time, for the first time ever. The persistent rumors from multiple sources were right about that.

Before anyone complains that the taxpayers will have to pay that fine, remember Valdosta has insurance, and so does the contractor that left the Remer Lane Pump Station offline back in December 2019, causing Valdosta’s biggest single spill since 2015.

[Spill and Remer Lane Pump Station]
Spill and Remer Lane Pump Station

And if the fine does get passed through to the taxpayers, maybe that will be incentive for the people of Valdosta to demand their city government stop spilling, by at least doing all the things this new Enforcement Order requires.

There is a comment period that opened Monday, April 27, 2020 through Wednesday, May 27, 2020. That’s right, Monday, and we only found out about it today, Friday Thursday. Thanks to GA-EPD for alerting us to this notice. The City of Valdosta doesn’t seem to have published anything about it.

If the actual Enforcement Order is online somewhere, can somebody please point me to it. Without that, I don’t know how anyone can comment coherently. I have filed an open records request with GA-EPD to get it.

[Notice]
Notice

This is apparently the Order that the U.S. EPA told us back on January 8, 2020, to expect “in weeks, not months.” Well, ten weeks or 2.5 months is better than never.

Let’s look at the “Requirements of Order“: Continue reading

Valdosta Pump Station Standard Operating Procedures 2020-04-20

This appears to be the Standard Operating Procedures (SOP) for the Remer Lane Pump Station that was offline in early December 2019, causing a record raw sewage spill.

It does include these items:

  • Verify generator main breaker is closed.
  • Verify no alarms on generator control panel at generator.
  • Verify generator switches are set to automatic at generator.
  • Verify alarm beacons outside and inside of building are not flashing. Troubleshoot if flashing.

We got two copies, with slightly different formatting. The other copy also has:

  • Verify no SCADA alarms present in system

[1 of Remer Pump Station Inspection CheckList]
1 of Remer Pump Station Inspection CheckList

Both copies, and the two copies for the Gornto Road Pump Station, are marked at the top “Version 1: Dec 2019”. Is that early December before the big spill, or late December afterwards?

In addition we got a Work Order Detail, but Continue reading

Stream monitoring with only annual reporting privatized by Lowndes County Commission 2020-04-28

With only one dissenting vote, last night the Lowndes County Commission approved more than $45,000 for a sole-source contract for stream monitoring, with only annual reporting required. Since the contractor is private, it doesn’t have to answer open records requests. How does this help warn people when the rivers are clean or not?

There had never been any bids, even though the requirement for this monitoring from GA-EPD apparently came in back in June 2018. The Commissioners did not have the monitoring plan in front of them, nor the GA-EPD requirement, as near as I can tell.

[BUDGET IMPACT: $45,120.00 2020-04-28]
BUDGET IMPACT: $45,120.00 2020-04-28
PDF

Apparently somebody read a list of streams to the Commissioners, along with the monitoring required for each. But that list was not in the posted agenda.

[Suwannee Basin impaired waters, map]
Suwannee Basin impaired waters, map by GECAP.

We can guess it was maybe the “Not Supporting” or “Assessment Pending” streams in Lowndes County from the GA-EPD Listing of Waterbodies, Clean Water Act Section 303(d), for which see below. But we don’t know.

And what about the contamination often coming down Okapilco Creek into GAR031102030902 Withlacoochee River: Okapilco Creek to Stateline? No Commissioner thought to ask that. How will this contractor work with WWALS? Perhaps an indication came when I spoke with the County Engineer Mike Fletcher Monday morning: “I don’t know what WWALS is doing,” he said.

Did Lowndes County consult with any of the various organizations that are doing stream monitoring already, such as the cities of Valdosta or Quitman, Madison Health, FDEP, SRWMD, or SGRC? If so, they didn’t mention it in last night’s meeting.

It is not even clear that this was a public meeting. At 2:38 PM, less than three hours before Continue reading